The Sex Workers Education and Advocacy Taskforce (SWEAT) welcomes the outcomes of the 1 April 2026 consultation with the Department of Justice and Constitutional Development.
The Deputy Minister, Andries Nel, confirmed that, following consultations across government, there is broad agreement that no extensive new regulatory framework is required for the decriminalisation of sex work. Existing legislation already provides for most areas of regulation, with only minor amendments anticipated.
This affirms what the sex worker movement has long maintained: sex work can and should be governed within existing legal and labour frameworks, like any other form of work.
Importantly, the Deputy Minister reaffirmed that:
- Decriminalisation remains established government policy, supported by Cabinet decisions and national strategic plans on HIV, TB, STIs, and gender-based violence.
- There will be no compulsory registration or forced HIV testing of sex workers.
- Proposals such as red-light districts or restrictive zoning regimes are not supported, with any local regulation to follow standard by-law processes.
- The law reform process is moving forward, with a draft Bill currently in development.
The consultation also reflected a significant and welcome shift across departments, with alignment towards a practical, rights-based approach that recognises sex work as work.
While this progress is encouraging, we stress that delays in finalising and publishing the Bill must now be avoided. Sex workers cannot continue to wait for legal protection while facing ongoing criminalisation and harm.
We remain committed to working with government to ensure that the final legislation reflects the lived realities of sex workers, including labour protections, safety, and access to justice.
The time for consultation is passing. The time for action is now.
Media contact:
Megan Lessing
meganl@sweat.org.za
+27813067812